Kahn Law Firm, P.C.

Why is Determining Fault So Important After an Accident?

Each state follows its own set of rules to determine how each party may pursue damages. For some states, if you are partially at fault, you typically can’t seek damages, which is referred to as contributory negligence.

In other states, if you are partially at fault by 50% or less, you can still pursue damages at a reduced rate based on your percentage of fault. Texas follows this rule, and it’s referred to as comparative negligence. Furthermore, Texas is a modified comparative negligence state, meaning that if you are found to be more than 50% at fault for the accident, you generally cannot pursue damages.

What Evidence is Used To Determine Fault?

Several things can help either side of the courtroom determine fault. Pictures or videos can be submitted and used to help determine what happened leading up to or at the time of the accident. If there is video surveillance in the area, that is a great resource to use. If not, having pictures of all involved vehicles after the accident, showing the damages incurred, can be impactful.

Eyewitness statements can also be used. If you are in an accident, it’s helpful to reach out to others who may have seen what happened and retain their contact information so they can be questioned later to be used as evidence.

Documentation that you may have gathered regarding the date and time the accident occurred, the weather that day that may have played a role in the accident, such as if the roads were slippery or there were obstacles in the roadway, and more.

Why Is It Important to Only Discuss the Accident With Your Trusted Attorney?

Keep in mind that insurance companies will have their company and their client’s best interest at heart, and not yours. They are notorious for nudging accident victims to settle for an amount that they deem appropriate, which may be far less than what they deserve.

In communicating with them, if you inadvertently assume fault for the accident, they can use this information to push you to settle for less. By ensuring that you are only discussing the details of your accident with your attorney, they can handle all communication and necessary negotiations with the insurance companies and the other relevant parties involved.

What Types of Damages Can I Pursue Following a Car Accident?

Damages are typically categorized by either economic or non-economic damages. Economic, as titled, refers to any economic damages that you may have incurred following an accident. The medical costs involved, any lost wages from work to tend to your medical needs, and the damages your vehicle incurred would all be considered economic damages.

Non-economic damages are typically more challenging to calculate but can involve pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and more. For example, suppose you were significantly injured in a car accident and now no longer enjoy hobbies or activities that you once did due to your injuries. In that case, damages can be calculated and pursued. Suppose you were an active person who loved to ride a bike or motorcycle, for instance, and now can no longer participate in those activities due to injury. In that case, this can be a factor in the damages your attorney will pursue.

Punitive damages or exemplary damages can also be pursued in some cases. Punitive damages are typically reserved for instances where the actions of one of the parties were particularly harsh, such as a drunk driver who was speeding down the roadway and colliding with another vehicle. Punitive damages are not relevant in all cases, and there is a cap on how much you can pursue in Texas.

Why is Determining Fault Crucial to a Car Accident Case?

Based on the comparative fault rule discussed earlier, even if you are partially at fault for the accident, you may still successfully pursue damages. Suppose you are found to be more than 51% at fault. In that case, however, you are typically not entitled to collecting damages, meaning the percentage of fault assigned to you following an accident is imperative.

There may be details regarding the accident that you are unaware of. You may have been driving and obeying all traffic laws and rules other than perhaps speeding right before the accident, and therefore, assume that you were at fault. The other driver could have been distracted by testing or other means or under the influence of drugs or alcohol, making them assume a higher percentage of fault for the accident.

Your Tireless Advocate

An experienced attorney can review your case and help investigate the details appropriately, ensuring that you are not assuming more of the fault in an accident than necessary and, therefore, can pursue damages.

With several years of experience defending our clients against the negligence of others and other areas of law, you can count on us to be a fierce and tireless advocate with compassion and Christian values.

If you or a loved one was recently in an accident and is seeking help, don’t hesitate to call us at (713) 999-6549. You can schedule your initial free consultation, and we can review the details of your case and formulate a strategy together to help you effectively pursue the damages you deserve rather than settling for less.

We are a husband and wife team, so we value family incredibly. Let our family help you protect and provide for your family, even amidst inconvenience and the unknown.

Involved in a Car Accident?

Car accidents are so prevalent in our state and country that you may have experienced one or multiple over the years. Medical bills resulting from car accidents can become stressful, as are the steps necessary following a car accident to ensure you avoid financial distress.

You must seek medical attention immediately if you or a loved one have been involved in a car accident. Some symptoms may not be present immediately, such as soft tissue issues, whiplash, or a concussion, and you can avoid further damage by seeking medical attention immediately.

It may seem like a hassle to miss work while you seek medical care, but the benefits far outweigh the stress of fully understanding any injuries you may have and how to treat them.

Can I Seek Compensation Even if I Was Partially At Fault?

One of the common misconceptions is that if you were partially at fault for the accident, you may not be eligible for compensation. In most cases, this is not true. Texas follows a comparative negligence rule regarding car accidents. What this means for you is that if you are partially at fault for the accident, the compensation awarded for the accident will be reduced by that amount. However, if you are found to be more than 50% at fault for the accident, you may not be eligible for compensation.

Suppose you were in an accident with another party. When you pursue damages after the accident, the courts will apply a percentage of fault to each party involved. For example, if you were found to be 40% at fault and the other party was 60% at fault, you may still be eligible for damages, reduced by your percentage (or 40%) of fault. If $100,000 were awarded in total damages, your share would be $60,000.

Determining Fault After a Car Accident

As mentioned above, determining fault or responsibility for the car accident is crucial, as it can lead to your option of recovering damages or not. Determining fault in an accident can be complex, as there may be factors you were unaware of that led to the accident. Your personal injury attorney will investigate items such as photo or video coverage of the accident, eyewitness statements, police and medical records, or accident recreation to establish fault. Don’t just take the word of the insurance adjuster about fault either.

For example, there may be other parties involved that you have yet to think of. Suppose you were in an accident with a commercial vehicle. You may not realize that you can typically pursue not only the driver but also the company that employs them or, in some cases, the commercial vehicle manufacturer.

Any business must follow strict vehicle maintenance and inspection laws to avoid vehicle malfunctions that can lead to deadly accidents. Companies are also required to provide adequate training to operate their vehicles to remain safe. If it is found that these requirements were breached, they may be liable in addition to the driver.

Car Insurance Laws in Texas

Texas law requires that you carry auto insurance. The minimums that must be met are $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 of coverage for property damage.

Auto policies in Texas typically carry Personal injury protection (PIP) coverage, which can help further cover medical bills or lost wages following an accident. In most cases, you will need to formally decline PIP coverage, in writing, on your policy if you choose not to want it. Most basic PIP coverage includes $2,500 to help cover your and the other party’s medical bills following an accident.

If you are found without car insurance in Texas, you may face fines of a few hundred dollars (up to $1,000) and risk having your car impounded.

Statute of Limitations

Another legal aspect you must consider is the statute of limitations on pursuing personal injury claims after a car accident. Each state will have a strict timeline regarding when you can seek damages; in Texas, it is two years.

If you choose to wait and attempt to pursue damages more than two years past the accident date, you may not have the option to do so, regardless of how promising your case may be.

Personal Injury Attorneys Tirelessly Fight For Their Clients

Aside from ensuring your medical needs are tended to, one of the most important aspects of a car accident case is establishing fault. Your personal injury attorney can get to work immediately to help ensure that responsibility is accurately established before heading to court to pursue damages.

Personal injury attorneys are also highly skilled in negotiations. This skill means they can negotiate with other parties or insurance companies to ensure you are not inadvertently admitting fault or settling for less than you deserve. Insurance companies typically want you to settle for the least amount possible as their company is in their best interest. Your personal injury attorney will ensure that your best interest is the priority over all other parties involved.

We pride ourselves on consistently updating our clients so they know where they stand every step of the way, tirelessly advocating for our clients and doing so with compassion and confidence. Contact our office at (713) 999-6549 today to learn how our team can assist you and your loved ones following a car accident. Don’t let a car accident lead you and your loved ones to financial and emotional distress. Contact your legal advocate today.

In our fast-paced lives, accidents can happen in the blink of an eye, disrupting our plans for our immediate future and leaving us with lingering consequences like injuries, unplanned expenses, and legal battles. One such lingering consequence of an accident could be a Traumatic Brain Injury (TBI).

Sudden blows or jolts to the head are common causes of TBIs. While the immediate symptoms of a TBI are well-known, such as confusion, dizziness, and loss of consciousness, there’s a lesser-known connection between neck pain and TBIs that often goes unnoticed. Keep reading to learn about the correlation between neck pain and TBIs and some crucial signs to help you identify if your neck pain could indicate a TBI.

Signs to Watch For

Early detection and intervention are crucial to managing TBIs effectively. Seeking medical care for a TBI quickly can help prevent long-term complications. If you or a loved one experiences neck pain after an accident, consider if your brain could also be injured. Pay attention to the signs your body is giving you; they might signal a deeper issue that needs immediate medical attention.

1. Severe Headaches

One of the primary signs that neck pain might be linked to a TBI is the onset of severe headaches. These headaches often differ from regular tension headaches and might be accompanied by a feeling of pressure in the head. The pain might radiate from the neck to the head and may worsen with movement. If you grapple with such headaches following an accident or injury, it’s essential to consider the possibility of a TBI.

2. Neck Stiffness and Limited Range of Motion

Persistent neck stiffness and a limited range of motion are common indicators of neck injuries and TBIs. If you notice that your neck has become stiff and you can’t move it as freely as before, it’s time to pay attention. Such symptoms suggest that the force of impact might have affected both the neck and the brain, causing a TBI. If you suffer severe neck pain, consider the force required to cause that severe pain your brain was likely also under.

3. Visual Disturbances

TBIs can disrupt various neurological functions, including vision. It could be a sign of a TBI if you’re experiencing visual disturbances such as blurred vision, sensitivity to light, or even seeing “floaters” in your field of vision. These symptoms may arise alongside neck pain, indicating a deeper connection.

4. Nausea and Vomiting

While nausea and vomiting are commonly associated with stomach ailments, they can also point toward a TBI, especially if you are also experiencing neck pain. The same impact that causes neck injuries can disturb the brain’s intricate network, leading to these symptoms. If you’re feeling nauseous or vomiting after an accident, it’s crucial to consider the possibility of a TBI.

5. Difficulty with Concentration and Memory

A TBI can affect cognitive functions, often leading to difficulties with concentration, memory, and overall cognitive performance. If you’re finding it hard to focus on routine tasks, or if your memory seems to be failing you more often, it could be due to a TBI. These cognitive changes might accompany neck pain as part of the overall impact of the injuries caused by your accident.

6. Emotional and Behavioral Changes

Traumatic Brain Injuries can influence emotions and behaviors, leading to mood swings, irritability, anxiety, and depression. If you notice significant shifts in your emotional well-being following an accident, alongside neck pain, it’s essential to consider the possibility that your brain might have also sustained an injury.

7. Sleep Disturbances

The intricate relationship between brain health and sleep is well-documented. A TBI can disrupt sleep patterns, leading to insomnia, excessive sleepiness, or irregular sleep cycles. If you’re experiencing sleep disturbances after an injury that also caused neck pain, considering the potential connection to a TBI is worth exploring.

Don’t Dismiss Your Neck Pain

In the hustle and bustle of life, it’s easy to assume your neck pain is just neck pain since it is a common consequence of accidents and day-to-day issues like poor posture or muscle strain. However, it’s crucial to recognize that this seemingly isolated discomfort could indicate a deeper issue like a Traumatic Brain Injury. Nerves, blood vessels, and muscles connect the brain in an intricate network. When an external force impacts the neck, it can transmit forces to the brain, potentially causing a TBI.

Trust your instincts. If you or someone you know is experiencing neck pain alongside any signs of a TBI, it’s imperative to seek medical attention promptly. A healthcare professional can perform the necessary assessments, such as imaging tests and neurological examinations, to determine whether a TBI has occurred.

Seek Legal Support After An Accident

Accidents are traumatic and leave victims with many new things on their plate, like injuries, insurance claims, medical bills, and more. While medical care is the highest priority, victims often need to seek legal support as well. If you or a loved one got hurt in an accident you didn’t cause, you may be eligible for compensation from the person or business who caused the accident for the harm you have suffered.

An experienced personal injury lawyer can review your circumstances and help guide you toward the best plan to help you recover physically, mentally, and financially. To meet with The Kahn Law Firm, P.C. to review your case, call 713-999-6549 for a free consultation today.

When it comes to legal matters, understanding the nuances of specific charges is crucial. People may use “assault” and “battery” interchangeably or in similar contexts, but these actions carry distinct legal definitions and consequences.

In Texas, the distinction between assault and battery lies in the context of the threat or physical contact. Assault revolves around the fear instilled by the threat, while battery involves the actual physical harm caused. Understanding these differences and the possible legal outcomes can help you navigate legal situations more effectively, whether you’re a potential victim seeking justice or someone facing charges.

What Is Considered Assault?

Assault, in Texas law, refers to intentionally threatening someone with bodily harm. This threat may involve physical actions, gestures, or verbal communication that creates a reasonable fear of imminent harm. It’s important to note that in Texas, physical contact is unnecessary for an assault charge to apply. The critical factor is the perceived threat that causes fear in the victim.

Degrees of Assault

Texas categorizes assault into three degrees based on the severity of the threat and the intent behind it.

1. Class C Misdemeanor Assault (Simple Assault)

Class C Misdemeanor Assault is the least severe form of assault. It involves intentionally causing someone to fear bodily harm, including verbal threats, without physical action. A Class C misdemeanor is the lowest criminal offense, typically resulting in a fine.

2. Class A Misdemeanor Assault

Class A Misdemeanor Assault involves intentionally causing bodily injury to another person. It’s important to understand that bodily injury goes beyond just the visible aspects; it refers to pain, discomfort, or any form of physical impairment. A Class A misdemeanor is more severe than a Class C and can lead to higher fines and potential jail time.

3. Felony Assault

Felony assault involves causing serious bodily injury to someone or using or exhibiting a deadly weapon during the commission of the assault. “Serious bodily injuries” are considered injuries that pose a substantial risk of death or result in long-term disfigurement or impairment. Felony assault carries severe penalties, including significant fines and imprisonment.

What Is Considered Battery?

While assault pertains to the threat of harm, battery in Texas involves intentional and unlawful physical contact with another person. Unlike assault, which focuses on the victim’s fear, battery centers on physical interaction and harm caused.

Degrees of Battery

In Texas, battery is not classified into degrees as assault is. Instead, it falls under the general definition of “assault with bodily injury.” Battery is typically charged as a Class A misdemeanor, with penalties including fines and possible jail time.

The Connection and Distinction Between Assault and Battery

Assault and battery often go hand in hand, but they are legally distinct. Assault might happen before battery – for instance, if someone threatens another person (assault) and then proceeds to harm them physically (battery). However, it’s crucial to recognize that a battery can stand alone without an assault charge, as physical contact alone can warrant a battery charge.

Common Defenses to Battery and Assault Accusations

If you face assault or battery charges in Texas, finding legal representation and working with your attorney to plan potential defenses is essential. Please note that the guidance here is not legal advice and may or may not apply to your case.

Some defenses frequently used by those accused of battery or assault include:

Self-Defense

If you can demonstrate that you acted in self-defense or in defense of others, you might be able to have the charges reduced or dropped. Texas law allows for the use of force when a person reasonably believes it’s necessary to protect themselves or others from imminent harm.

Those claiming self-defense was the reason for the battery or assault must demonstrate that there was an imminent threat, that they had a reasonable belief the individual would harm them, and that the defendant used appropriate force in self-defense.

Lack of Intent

Both assault and battery require intent. If your legal team can prove that you didn’t intend to cause harm or that your actions were accidental, this could weaken the case against you.

Consent

In some situations, if the alleged victim consented to the physical contact, it could serve as a defense. However, consent might not be a valid defense in severe bodily injury cases.

Defense of Property

Texas law also permits the use of force to protect your property under certain circumstances. Texas is known for its “Stand Your Ground” laws (also called “Castle Doctrine”). However, it is vital to note that the defense of property is not a blanket excuse for using force.

Texas law requires that the force used be reasonable and proportional to the threat posed to the property. Additionally, the defense of property does not permit the use of deadly force unless the individual reasonably believes that the use of deadly force is necessary to protect themselves from serious bodily harm or death.

Plan Your Legal Defense Today

Being well-informed about the legal definitions and your rights is the first step toward ensuring a fair legal process. Remember, the information provided here should not used as legal advice. Obtaining legal representation as soon as possible is recommended if you face criminal charges.

If you’re dealing with an assault or battery case, consult a qualified legal professional who can provide personalized guidance based on your situation. Schedule an appointment with The Kahn Law Firm, P.C. today by calling 713-999-6549 now.

How Common Are Car Accidents in Texas?

Generally speaking, if you haven’t experienced a car accident at some point in your life, you may be in the minority. With a car accident happening almost every minute in the state of Texas, with an accident-related death occurring nearly every two hours, and injuries happening practically every two minutes in recent stats, accidents happen constantly. So how can we avoid them?

Not only can an accident lead to hassles such as being late for work or other destinations, but injuries quickly add up, as well as expenses and time away from work, which can lead to unforeseen bills. Aside from the inconvenience, injuries can change your life or lead to the death of you or a loved one.

Limit Distractions

As it has been intensively scrutinized for years, we have all heard of texting and driving and how it can easily lead to accidents. Most states have laws to curb this habit, which can come with stiff penalties. Using your phone at all while operating a vehicle may come with fines as states impose strict penalties further to help the safety of those on the road.

If you need to use your cell phone while driving, pull over to the side of the road, or exit the highway and pull into a safe place to return a text, make a call, or do any other tasks.

Other common distractions may be eating while driving, adjusting the radio or temperature in the vehicle, or trying to input information on the car’s navigation system. If you can’t handle these tasks before you strike out on your commute, you should pull over or wait until you reach your destination to complete them safely.

Avoid Rear End Collisions

Keeping a safe distance between you and other vehicles on the road is essential, especially if inclement weather is present.

The National Safety Council has created an easy way to ensure that you are traveling at a safe distance from other drivers. It is called the three-second rule. The way it works is to find a stationary object and count how many seconds it is from when the car ahead of you passes the object, and you pass it. If it is less than three seconds, back off and try again until it takes three seconds to pass the same object as the car in front of you.

Defensive Driving and Intersections

Distractions or confusion at intersections is another standard reason for car accidents. If you are at an intersection, use an additional second after the light has turned green to ensure others are not running the red light going the other direction which can lead to an accident. You can also scan other drivers at the stoplight to see who may be distracted and make a mental note to give them more room at the light change.

It is always better to be late to your destination and arrive safely. Give yourself extra time when navigating city streets or county roads, especially at intersections.

Avoid Windshield Damage

Limiting windshield damage is another critical way to avoid accidents or damage to your vehicle. How do you do this? Keep extra distance when following semi trucks or other large trucks that may kick up rocks or other debris in the roadway.

If a snowplow or other maintenance vehicle is on the roadway, give them extra room and slow down or switch to another lane.

Not only can this help avoid damage to your windshield, but reacting to a crack or chip in your windshield can cause you to go off the road or veer into oncoming traffic. By avoiding damage to your windshield, you could potentially prevent serious accidents.

Other Tips to Help Avoid Car Accidents

It boils down to slowing down, paying attention, and adhering to laws while on the road. Wear your seatbelt, don’t speed or use your phone while driving, obey all traffic signals and signs, and remain vigilant.

For some, having multiple passengers or children present in the car can be enough of a distraction that they may want to limit these actions. For others, driving at night can pose more difficulty than driving during the day, and if so, they can restrict night driving.

Adjusting your mirrors to see more of your vehicle’s blind spots and other drivers can also be crucial to safe driving. Practice in parking lots and driveways to adjust your mirrors and see what position is best.

Regular inspections and maintenance of your vehicle are also necessary. Ensure that your brakes and turn signals are all working properly so you aren’t inadvertently placing yourself or others in danger while driving.

Also, being familiar with your vehicle, the space it takes up, and its limitations can help keep you safe. For example, if you recently changed from a compact car to an SUV, you may not be able to navigate in and out of tight spaces like you once did, or you may not be able to speed up to pass a vehicle the way you once did with a different car.

If you are dealing with the aftermath of an accident, contact our office at (713) 999-6549 for a free consultation. We have over 40 years of combined experience as a husband and wife team, and we are ready to become a strong and capable advocate for you and your loved ones.

School Bus Accidents Can Create Devastating Losses

Most of us may think of precious cargo when a school bus drives by. There are likely several children on board on their way to or from school, and safely arriving at their destination is essential to the driver, the parents of each of those children, any vehicles or pedestrians the bus may come in contact with, and all loved ones involved.

Car accidents happen every hour across the country. School bus accidents are a little less common, but not as much as one would hope.

According to the National Safety Council, a small percentage of school bus accidents result in the death of a passenger or bus driver, and an average of 70% of school bus-related deaths occur in other drivers that collide with the bus.

Common Causes For School Bus Accidents

Over the years and with continued safety measure efforts, school buses remain one of the safest forms of transportation for children getting to and from school. Nevertheless, accidents happen very often. Why?

Below are some of the most common examples of school bus accidents:

Weather conditions – school buses may be hard to navigate even in the best of weather due to the size of the vehicle, the way the weight shifts with children getting on and off, and the, at times, chaotic atmosphere that buses can be.

Driver Errors – unfortunately, one of the most common reasons for school bus accidents is driver error. Humans make mistakes, and just as when a driver of a standard vehicle can get distracted or make poor decisions behind the wheel, so can school bus drivers. Fatigue and improperly or under-trained employees can also lead quickly to accidents occurring.

Blind Spots – due to the larger size of school buses, it can be challenging to adequately check a blind spot and navigate safely along with traffic.

Negligent Drivers or Negligent Company Owners

Negligence can be present when the company hires the drivers or the drivers themselves. Hiring companies may attempt to cut budget corners by avoiding regular training or drug/alcohol testing for their drivers, which can lead to accidents.

Improper or non-existent bus maintenance can also play a significant role in accidents. Considerable damage can occur if the brakes on a standard vehicle go out. If the brakes on a giant school bus aren’t properly maintained and they give out, the results can be catastrophic. Similarly, tires, adequate lights/flashers, and more must be checked often and maintained to ensure the bus can safely transport children to and from school.

What Safety Measures Can I Teach My Children to Prevent Bus Accidents?

Safety can start in the home with some easy steps to ensure your child understands the risk if they aren’t acting appropriately on the school bus. They can learn to wait for the bus to come to a complete stop before attempting to climb on or off the bus, they can check multiple times before crossing the street to get on the bus, refrain from roughhousing on the bus so as not to distract the driver, and more. Children can also be reminded to keep all limbs inside the vehicle to help the driver see clearly.

What Other Safety Measures Can Help Avoid Accidents?

The general public can be more vigilant when they are around school buses. Driving past a school bus with its stop sign out is illegal. They use this to help facilitate children safely crossing the street, and if drivers ignore this alert, they can easily cause an accident.

Drivers can also pay close attention to school zones to follow the speed limits during school hours and be vigilant of crosswalks, as children often run or walk across the street to get to the bus or off of it.

Communities and school districts can employ police officers or flag people to come to the school and assist the children crossing the street during busy school times.

Were You or a Loved One Involved in a School Bus Accident?

As with any accident, the circumstances can be frustrating at best and catastrophic at worst. With school buses’ sheer size, accidents can quickly create severe damage and death. Other vehicles, pedestrians, or cyclists won’t have the advantage of the extensive framework around them, and if they collide with a bus, there can be severe consequences.

Avoiding accidents entirely may not seem realistic, but the risks can be mitigated by talking to your children about the safety concerns and how they can play their part in ensuring they and their schoolmates arrive safely to school.

Being an observant driver can also help boost safety precautions when on the road. Allow for more room when a school bus is present, especially in inclement weather conditions. Obey traffic signs and flashing lights or stop signs from the bus.

If you or a loved one have been involved in a school bus accident, don’t hesitate to call our office and speak with one of our team. We will help you establish the facts that led to the accident and how we can best formulate a winning strategy for you. Our clients have consistently said that we provide a warm and professional environment and are an extremely capable team they can be relied on.

We treat our clients with the respect and urgency they deserve and look forward to serving you too. Call us today at (713) 999-6549 to get started.

Losing a loved one due to someone else’s poor judgment is a devastating experience. It’s unfair that you’ve lost someone dear to you and may be stuck with lost income, medical expenses, burial costs, and other expenses.

The Texas law allows victims’ family members to seek justice through a wrongful death lawsuit in such cases. Understanding how the legal process of a wrongful death claim works is essential to act before it’s too late.

What Is a Statute of Limitations?

The statute of limitations is the time period when a person can still pursue a claim against someone who committed an act that wronged them. A suffering victim or mourning family usually has a lot on their plate, and the last thing they want to do is start a complicated legal process. However, by better understanding this crucial aspect of Texas wrongful death claims, individuals can make informed decisions and take appropriate actions within the prescribed time frame of pursuing legal action.

Why Does Texas Have a Statute of Limitations?

It may seem odd that the court can’t prosecute someone whose actions or gross negligence killed someone because it happened too long ago. However, there are some excellent reasons for this requirement. A statute of limitations on pursuing legal action for harm helps ensure timely claims resolution, that evidence is preserved and available, and fair legal treatment of defendants.

Imagine someone accuses you the wrongful death of their family member. You believe you are innocent and have evidence to demonstrate it, but no legal action has been taken against you yet. If no statute of limitations existed, you might feel that unresolved accusation hanging over your head for years.

The court could find that your recollection of the events and the evidence proving your innocence is outdated or dubious because it is being reviewed years after. After much time has passed, finding additional corroborating evidence and witnesses is far more challenging.

By setting a deadline for legal action, the statute of limitations allows potential defendants a sense of security that the matter will be either addressed and resolved fairly and promptly or those involved cannot pursue legal action.

Understanding Texas Laws Around Wrongful Death

Wrongful death occurs when another person’s negligent, reckless, or even intentional actions cause a person’s death. In Texas, the law takes these cases very seriously. There is a legal path for surviving family members of those who died wrongfully to seek compensation and hold the responsible party accountable. Wrongful death claims can arise from various incidents, including car accidents, medical malpractice, workplace accidents, and more.

Texas Wrongful Death Statute of Limitations

In Texas, the general statute of limitations for wrongful death cases is two years from the date of the individual’s death. Victims, such as the surviving spouse, must file a lawsuit for their claim within two years to preserve the right to seek compensation. It is important to note that this two-year period starts from the date of death and not from the date of the incident that caused it.

Exceptions and Special Circumstances

While the general statute of limitations is two years, certain exceptions and special circumstances may affect the time limit for filing a wrongful death claim in Texas. It is best to consult with an attorney as soon as possible if there are any unique circumstances like those below involved in your case.

Discovery Rule

In cases where the cause of death was not immediately apparent, the statute of limitations may begin from the day a person was found deceased or reasonably would have been found deceased in normal circumstances.

Governmental Entities

If the responsible party is a governmental entity or employee, additional notice requirements and shorter timeframes for filing a claim could exist.

Minors or Persons with Disabilities

If the deceased person was a minor or had a disability, the court may extend the statute of limitations to allow additional time for the victim to file a lawsuit. In these cases, it can be common for families not to know the death of their family member occurred wrongfully until other evidence comes to light.

What Happens If I Fail to File Within the Texas Wrongful Death Statute of Limitations?

Failing to file a wrongful death lawsuit within the statute of limitations can have significant consequences, like being ineligible to file wrongful death claims at all. If the deadline passes, the court may dismiss the case, barring the family from pursuing legal action. This loss of opportunity can result in the loss of potential compensation and closure for the family. Understanding and abiding by the applicable statute of limitations is crucial to protect the legal rights of you and your family.

Contact the Kahn Law Firm Today for a Free Consultation

While the general limit is two years from the date of death, exceptions may apply depending on the circumstances. Understanding the statute of limitations is vital as it ensures timely action, preserves evidence, and safeguards the family’s legal rights.

Wrongful death lawsuits can get complicated. If you find yourself in such a situation, consulting with an experienced wrongful death attorney is highly recommended. A legal expert will help you navigate the complexities of wrongful death claims and ensure you don’t miss important deadlines of legal proceedings.

The Kahn Law Firm legal team has years of experience ensuring our clients get the compensation owed to them. Call us at (713) 999-6549 to schedule a free no-obligation consultation with our team today. We will fight for your rights and ensure negligent parties are held accountable.

What Does it Mean to Have a Crime Expunged?

According to Cornell Law, to expunge means “to destroy, obliterate, or strike out records of information in files, computers, and other depositories.” If one wishes to have their crimes expunged, it can mean that they are removed from their history, opening that person’s opportunities for jobs, housing, and more.

Several crimes, charges, or arrest records can be expunged in Texas. It is vital to understand which ones, so you can request expungement, get the information essentially erased from your background, and move forward with your life. By successfully completing this process, you can alter several aspects of your life moving forward and open yourself to more opportunities than you may have had with a criminal record.

What if I Was Charged With a Crime But Found Not Guilty?

Any crime in Texas you are charged with but found not guilty of or acquitted of can generally be expunged from your record. The specific offense referenced can usually be expunged, whether you are not guilty by a judge or a jury.

What if I’m Convicted, But Then My Appeals Were Successful?

If you were charged with a crime and found guilty, but then a court of appeals successfully overturned your conviction, you can get these charges expunged from your record. Pursuing a request for appeal allows the convicted to raise questions or specific errors that they or their legal team has found that may cause the conviction to be overturned.

In some cases, a successful appeal may require altering the original sentence rather than overturning the conviction. If this is true, the charges may not be erased from your records.

What Other Charges Can Be Expunged?

Generally speaking, charges such as misdemeanor juvenile offenses, conviction of a minor for alcohol-related crimes, and more can be expunged.

If you were convicted of a crime and the governor later pardoned you for the offense, you can have that charge expunged, in most cases, from your records.

Even in some cases of murder, domestic violence, and other serious offenses, you may have the option to expunge the charges after a waiting period of three or more years, depending on the charges. The exceptions to this are if the charges included the necessity to be labeled as a sex offender or involved risks to children. In most cases, these charges can’t be expunged as they would allow the offender to be free of the records set up to warn the community, potential employers, lenders, or housing authorities of the risks associated with the individual.

Why is Expunging a Charge Important?

Criminal charges on your record can make pursuing housing, loans, and employment opportunities more difficult. You may also be prohibited from volunteering for specific causes based on your criminal history or prohibited from attending a college or university that you’d like to attend based on your past charges.

By expunging criminal charges, they are no longer present on your records or most background checks, making your opportunities more abundant, realistic, and without obstacles. It is important to note how often you are asked for a criminal background check. Whether you are applying for a loan, a career opportunity, or entering a lease, you are typically asked for a background check. Suppose your charges no longer show up when this process occurs. In that case, you are likely to have more opportunities than if the information was still present on your records without a lengthy and awkward explanation of why the charges are listed.

How We Can Help

We are well-versed in criminal defense with a combined 42 years of experience in our husband and wife team. We understand that humans make mistakes, and having those mistakes present on records for the rest of your life isn’t ideal.

We are a Christian-based law firm with determination, justice, and integrity as the priorities, along with justice for our clients. We take a team approach to help our clients and ensure that we create a realistic and winning strategy, no matter how significant or insignificant the case may be.

Trusting the team you hire is vital, and also understanding that they will have your best interest at heart when it doesn’t always seem evident that others do. We have decades of experience in helping our Pearland clients with criminal defense matters and the emotions that can surround them. Let us be your tireless advocate and fierce ally to help you get the results you need.

Contact our office at (713) 999-6549 to get your questions answered and learn how we can best assist you in moving forward in a new chapter of your life without your criminal history affecting you every step of the way.

Many people these days are scared when they see red and blue lights behind them. Whether or not you’ve done anything wrong, the fact is that being pulled over and interacting with law enforcement makes you more likely to be criminalized by the police.

The balance between individual rights and public safety is challenging, and police are in a position of power, which can often cause tension when interacting with the public. This tension often becomes apparent when people are pulled over and the police want to search their car. Understanding the legal framework surrounding this issue is crucial to ensure individuals know their rights and how to protect them.

What Does the Constitution Allow Police to Search?

The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures. It states that people have the right to be secure in their persons, houses, papers, and effects unless a warrant is issued upon probable cause. However, there are exceptions to this general rule, and vehicle searches fall within one of those exceptions.

If You’re Arrested

The “search incident to arrest” is one exception to the warrant requirement. When a person is lawfully arrested, police officers have the authority to search the arrestee and the area within their immediate control to ensure officer safety and prevent the destruction of evidence. This includes the passenger compartment of a vehicle if the arrestee is within reaching distance of the vehicle during the arrest or if there is reason to believe that evidence of the offense for which the arrest was made may be found inside the vehicle.

If They Find Probable Cause

Another exception to the warrant requirement is the presence of probable cause. Probable cause is a reasonable belief, based on facts and circumstances, that a crime has been committed or is about to be committed.

It is important to note that the probable cause standard requires more than mere suspicion; sufficient facts and circumstances must support it. If you are convicted of a crime because of a warrantless search, contacting an experienced criminal defense attorney as soon as possible is vital.

If You Consent to the Search

Police officers can search a vehicle without a warrant if the driver voluntarily consents. The consent must be given freely and voluntarily, without coercion or duress. Individuals must understand that they have the right to refuse consent to a search, and doing so does not imply guilt or provide grounds for a search.

If There Are Emergency Circumstances

Situations that require immediate action to prevent imminent danger or the destruction of evidence are called exigent circumstances. Examples include a weapon in plain view inside the vehicle, broken glass suggesting the car may have been stolen, or the smell of illegal substances. In such situations, police officers may search a vehicle without a warrant to address the immediate threat or prevent the loss of evidence.

If Your Car Is Impounded

Law enforcement agencies can conduct inventory searches of impounded vehicles to create a record of the vehicle’s contents, protect the owner’s property, and guard against false claims of theft or damage. Inventory searches must be conducted in good faith and not used as a pretext for a general exploratory search.

What Do I Do If Police Want To Search My Vehicle?

If you are in a situation where law enforcement wants to search your vehicle, follow these essential steps:

Understand the Circumstances

Familiarize yourself with the exceptions to the warrant requirement today to ensure you’re prepared for this situation. Once you’ve been pulled over, ask the officers questions if you need help understanding the reason for the stop so you may remain in control of the situation.

Know Your Rights

You have the right to refuse consent to a search if you do not wish to grant permission. However, clearly and calmly communicating your refusal is essential to protect yourself and avoid escalating a tense situation.

Stay Calm

It is crucial to remain calm and respectful when interacting with law enforcement officers. Cooperate with their lawful commands as much as possible while asserting your rights. Remember that you may need to show respect even if it is not shown to you, which won’t feel natural or fair.

Document Everything

Document the details of the incident, especially if you feel your rights were violated. Collect information such as the time, location, officers involved, and contact information of any witnesses present. This information may be vital in proving what happened if you need to challenge the legality of the search later.

Seek Legal Advice

If you believe your rights were violated, consult a qualified attorney specializing in criminal law. They can provide guidance based on the specific facts of your case and fight for your side of the story to be represented fairly in court.

Know Your Rights, We Have Your Back

Police officers can search a car without a warrant, but it is vital that everyone understands their rights and is aware of the limits imposed on these exceptions. Being informed empowers individuals to exercise their rights effectively and ensures that law enforcement actions remain within the boundaries of the law.

Remember, laws regarding vehicle searches may vary depending on where they happen and the specific circumstances. Each situation is unique, so seeking professional legal advice is always advisable when dealing with complex legal matters. If you have doubts about the legality of your interaction with police, contact The Kahn Law Firm today at (713) 999-6549 for a free consultation.